304 



The Plea of Insanity* 



prescribed by law. In some of the German States, for every county 

 there are appointed a governmental physician and surgeon, who are 

 charged with the duty of examining and reporting upon cases requir- 

 ing medico-legal investigation. If they differ in opinion, an appeal 

 may be taken to a medical college appointed for the province, com- 

 posed of men of peculiar experience and knowledge in medical juris- 

 prudence. Then there is a final appellate court established for the 

 entire State. **Thus, in Prussia," says a German authority, we 

 have (1) the county physician and county surgeon ; (2) the medical col- 

 lege of the province, consisting of the chief -president, the governmental 

 counselors, a pharmaceutical assessor, and a physician whose specialty 

 is the disease of animals ; and (3) an appellate medical commission 

 for the whole monarchy." 



Such a system as this eliminates from medico-legal investigations 

 all interested testimony, and gives to the court and jury the unbiased 

 judgment of thoroughly competent alienists, instead of the conflicting 

 and perplexing jargon of feed experts, or the audacious utterances of 

 brazen empirics. 



Under our government and constitutional provisions there might 

 be some difficulties in the way of adopting such a system, in its com- 

 pleteness, not encountered in the German States. But were govern- 

 mental expert commissions established, the courts might at least re- 

 fuse to put an alleged insane criminal on trial for the offense charged, 

 until advised by such commission of his legal, responsibility; and, should 

 the prisoner, after being declared responsible by the commission, in- 

 sist upon the plea of insanity in his defense, the opinion of one of the 

 commissioners would outweigh the testimony of a cohort of hired ex- 

 perts. Until some change occurs in the present system, alienists will 

 of necessity be called as witnesses. And if called, and required to 

 leave their business and attend the sessions of a court for days, and 

 perhaps for weeks, it is only simple justice that they should be fully 

 compensated ; and they are not obnoxious to just criticism for de- 

 manding and receiving compensation. Such, only, as yield to the 

 temptation of virtually selling their testimony for a price are fairly 

 open to censure. 



Honorable members of the profession may do much to alleviate 

 somewhat the worst features of the present expert system. Let them 

 insist upon a high standard of professional honor and practice in the 

 matter ; firmly resisting all inducements to swerve a hair's breadth 

 from the line of rectitude, or the dictates of judgment and conscience, 

 for the benefit of either party ; and frowning indignantly upon the 

 mercenaries in their ranks, who, by yielding to the lust of gain 

 degrade their high calling. 



